A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The Defendant served as an employee who sells health assistive food in the “E” operated by the victim D in Jeonnam Bosung-gun C.

On May 22, 2012, the Defendant opened the Agricultural Cooperative Account upon receiving a request from the victim to keep the business operation funds and opened the said account on May 26, 2012, the Defendant deposited KRW 31,266,200 of the business operation funds of the victim into the said account and had the victim keep them for the sake of the victim.

At around 12:40 on June 1, 2012, the Defendant: (a) expressed his intent to use the said money for personal purposes at the punishment intersection of the Korean Agricultural Susaeng-gun, Bosung-gun, Bosung-gun, Seosung District; (b) used the cash payment machine to transfer the said money from the above Agricultural Cooperative Account to one bank account under the name of F, which is the Defendant’s back-up, KRW 30 million; and (c) withdrawn KRW 1250,000 in cash.

Accordingly, the Defendant embezzled 3,1250,000 won in custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding F;

1. Statement made to D by the police;

1. Application of each passbook and trade-related Acts and subordinate statutes;

1. The relevant Article of the Criminal Act, Article 355 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of punishment: Imprisonment with prison labor for one month to five years;

2. The recommended field on the sentencing guidelines for embezzlement [type of crime] the basic field of the crime of embezzlement and breach of trust below the amount of KRW 100 million [Recommendation field], four months to one year and four months.

3. The Defendant reported a loss of his/her account with the knowledge of the fact that the victim borrowed money from his/her name and received a re-issuance of the passbook and card, and committed a planned crime of transferring the victim's deposit to another account after using it.

Although the Defendant had engaged in an act in a manner that is far away from the times, in light of the fact that the amount of embezzlement has been used for both living expenses and the card value, etc. during the period of one month following the commission of the crime, the crime of this case is deemed to be poor in the nature of the crime and the circumstances after the crime.